The Court rejected a claim that a new action brought by the claimant asserting additional patents from its portfolio was an abuse of process, finding that a radical change in position by the defendant had driven the need for the claimant to bring an action on other patents. Case date: 17 April 2019 Case number:…
How do competition law and intellectual property work together? That is the main focus of the book ‘The interplay between competition law and intellectual property’, which was published by Kluwer Law International earlier this year. The book, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world’s most active…
A claim to a device will be denied patentability under Art. 53(c) EPC if it can only be produced through the exercise of a surgical method step. A European patent was granted for a device for the desynchronization of activity of pathologically active brain areas. Specifically, the claim defined ‘control means, which are designed such…
The Court of Appeal allowed ZyXEL’s appeal, finding that in light of its waiver of its RAND licence rights, declaratory relief to determine the scope and terms of the licence which TQD was bound to offer to the two ZyXEL parties would no longer serve a useful purpose. Case date: 18 July 2019 Case number:…
Proceedings for the preservation of evidence and the subsequent infringement proceedings are two separate proceedings and only the latter is relevant for starting an intervention in opposition proceedings according to Art. 105 EPC. The admissibility of an intervention should be established at the moment of intervention and this cannot be changed by later events. Case…
Even if the German constitutional complaint against the Unified Patent Court Agreement is dismissed, the German government will not proceed with ratification of the UPCA until the consequences of the Brexit are entirely clear. The German Justice Ministry made this clear in answer to questions of parliament. In a letter earlier this month it stated:…
Declaratory-judgment actions of non-infringement are common in patent litigation because it allows the alleged infringer to proactively bring suit to resolve the situation and eliminate the cloud of uncertainty looming overhead. Under Chinese law, to bring a claim for declaratory judgment in a patent dispute, the claimant must establish that: (1) the patentee sends a…
While the numerous recent court decisions may suggest so, the ‘F’ in FRAND does not stand for ‘Fashionable’. The reader of this blog, well-informed in patent matters, will know by heart what this acronym spells out. He (or, I say once and for all, she)1 will also know that, next to technical intricacies of assessing…
The Federal Supreme Court confirmed the Federal Patents Court’s (FPC) Decision of 12 June 2018 in which the FPC decided that article 140k of the Swiss Patent Act lists in an exhaustive manner all nullity grounds which can be invoked against SPCs. The six month application deadline of article 140f PA is not listed in…
On 12 February 2019, the influential Barcelona Court of Appeal (Section 15) issued an interesting judgment clarifying the role played by a patent’s drawings for the purpose of interpreting the scope of protection of the claims. This judgment has reversed a previous first instance decision which, according to the Court of Appeal, unduly relied on…
